HB 548 — Primary Election Amendments

(Signed) _________________________________________ Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day -of 5____________, -____. H.B.

548 02-27 11:32 of ____________, ____.

and - 6 - HB0548 compared with HB0548S01 (ii) cancel the election.

(6)(a)(6) (a) A primary election [may be held] for a particular local board position or office may be held only if:

(7)(a)(7) (a) Except as provided in Subsection (7)(c), within one business day after the deadline for filing a declaration of candidacy, the special district clerk shall certify the candidate names to the clerk of each county in which the special district is located.

(b)(i)(b) (i) Except as provided in Subsection (7)(c) and in accordance with Sections 20A-6-109 and 20A-6-110, the clerk of each county in which the special district is located and the special district clerk shall coordinate placement of the name of each candidate for special district office in the nonpartisan section of the ballot with the appropriate election officer.

-(ii) 6If -consolidation 02-27of 11:32the H.B.special district election ballot with the municipal general election ballot or the regular general election ballot, as applicable, is not feasible, the special district board of trustees, in consultation with the county clerk, shall provide for a separate special district election ballot to be administered by poll workers at polling places designated under Subsection (2).

548(c) (ii)(i) IfSubsections consolidation(7)(a) ofand the(b) specialdo districtnot electionapply ballotto withan the municipal general election ballotof ora themember regularof general election ballot, as applicable, is not feasible, the special district board of trustees,an inirrigation consultation with the county clerk, shall provide for a separate special district electionestablished ballotunder toChapter be2a, administeredPart by5, pollIrrigation workersDistrict atAct. polling places designated under Subsection (2).

(c)(i) Subsections (7)(a) and (b) do not apply to an election of a member of the board of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.

(8)(a)- 7 - HB0548 compared with HB0548S01 (8) (a) Each voter at an election for a board of trustees member of a special district shall:

(10)(a)(10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a special district board shall serve a four-year term, beginning at noon on the January 1 after the person's election.

(11)(a)(11) (a) Except as provided in Subsection (11)(b), each special district shall reimburse the county or municipality holding an election under this section for the costs of the election attributable to that special district.

-(13) 7Except -as H.B.provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A, Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.

548(14) 02-27(a) 11:32As (13)used Except as provided in this Subsection 20A-3a-605(1)(b),(14), the"board" provisionsmeans: of Title 20A, Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.

(14)(a) As used in this Subsection (14), "board" means:

- 8 - HB0548 compared with HB0548S01 (i) requests permission to change the election year for membership on the board in a manner described in this Subsection (14)(b);

(15)(a)(15) (a) This Subsection (15) applies to a special district if:

and -(ii) 8the -special 02-27district 11:32was H.B.created before January 1, 2020.

548 (ii) the special district was created before January 1, 2020.

(d)(i)- 9 - HB0548 compared with HB0548S01 (d) (i) The special district board shall provide to property owners eligible to vote at the special district election:

(ii)(A)(ii) (A) The special district board may establish a deadline for a property owner to submit a nomination form.

(iii)(A)(iii) (A) After the deadline for submitting nomination forms, the special district board shall provide a ballot to all property owners eligible to vote at the special district election.

20A-9-40420A-9-404. .

(1)(a)(1) (a) Except as otherwise provided in this section[ or Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project], candidates for municipal office in all municipalities shall be nominated at a municipal primary election.

(c) Subsections (3) through (5) do not apply to an election to elect local school board -members 9under -Section H.B.53G-3-302.

548{[(d) 02-27Chapter 11:324, Part 6, Municipal Alternate Voting Methods Pilot Project, does not apply to an election to elect local school board members under Section 53G-3-302.53G-3-302.]} [(2) - 10 - HB0548 compared with HB0548S01 {(a)} [} Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if the number of candidates for a particular municipal office does not exceed twice the number of individuals needed to fill that office, a primary election for that office may not be held and the candidates are considered nominated.] (2) If the number of candidates for a particular municipal office:

[(d)(a) Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, does not apply to an election to elect local school board members under Section 53G-3-302.] (2)(a) [Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if the number of candidates for a particular municipal office does not exceed twice the number of individuals needed to fill that office, a primary election for thatthe office may not be held and the candidates are considered nominated.]nominated; A primary election for a particular municipal office Ĥ→ [may] shall ←Ĥ be held Ĥ→ [ 310a only] ←Ĥ if Ĥ→ [:] [(i) the primary election is authorized by the municipal legislative body;

and](b) [(ii)]exceeds ←Ĥtwice thebut numberdoes ofnot candidatesexceed for the municipal office exceeds Ĥ→ [twice] three 312a times ←Ĥ the number of individuals needed to fill that office.office, a primary election for the office may be held;

(b)or If(c) aexceeds primarythree electiontimes isthe notnumber Ĥ→of [authorized]individuals heldneeded ←Ĥto underfile Subsectionthat (2)(a),office, 314aa theprimary candidateselection for the office areshall consideredbe nominated.held.

(3)(a)(3) (a) A primary election for a particular municipal office { Ĥ→ {} {[} {may} For purposes of this Subsection (3), "convention" means an organized assembly of voters or delegates.delegates.{]} shall} (b) (i) { ←Ĥ } be held { Ĥ→ {} {[} {only} By ordinance adopted before the May 1 that falls before a regular municipal election, any third, fourth, or fifth class city or town may exempt itself from a primary election by providing that the nomination of candidates for municipal office to be voted upon at a municipal election be nominated by a municipal party convention or committee.]} (ii) { ←Ĥ } if{ Ĥ→ {} {[} {:} The municipal party convention or committee described in Subsection (3) (b)(i) shall be held on or before May 30 of an odd-numbered year.{]} [(i) (iii) {the } Any primary election {is authorized } exemption ordinance adopted under this Subsection (3) remains in effect until repealed by {the municipal legislative body;

(b)(i)and} Byordinance.{]} ordinance{[{(ii)} adopted(c){]} before{} the←Ĥ May} 1(i) thatthe fallsnumber beforeof acandidates regularfor the municipal election,office anyexceeds third,{ fourth,Ĥ→ or{} fifth[} class{twice} cityA convention or towncommittee may exemptnot itselfnominate frommore athan primaryone electioncandidate byfor providingeach thatof the nomination of candidates for municipal officeoffices to be voted upon at athe municipal electionelection.{] bethree nominatedtimes} by(ii) a{ municipal←Ĥ party} conventionthe ornumber committee.of individuals needed to fill that office.

(ii){(b)} TheIf municipala partyprimary election is not { Ĥ→ {} [} {authorized} A convention or committee describedmay innot Subsectionnominate (3)(b)(i)an shallindividual bewho heldhas onaccepted the nomination of a different convention or beforecommittee.{] Mayheld} 30- of11 an- odd-numberedHB0548 year.compared with HB0548S01 (iii) { ←Ĥ } under Subsection (2)(a), the candidates for the office are considered nominated.

(iii){(3)} Any{(a)} primaryFor electionpurposes exemptionof ordinancethis adoptedSubsection under(3), this"convention" Subsectionmeans (3)an remainsorganized inassembly effectof untilvoters repealedor delegates} A municipal party may not have more than one group of candidates placed upon the ballot and may not group the same candidates on different tickets by ordinance.the same party under a different name or emblem.

(c)(i){(b)} A(d) (i) {By ordinance adopted } On or before {the } May {1 that falls before a regular municipal election} of an odd-numbered year, {any third, fourth, or fifth class city or town may exempt itself from a primary election by providing that } a convention or committee mayshall notprepare nominateand moresubmit thanto onethe candidatefiling forofficer eacha certificate of thenomination municipal{of officescandidates } for {municipal office to be voted upon at thea municipal election.election be nominated by a municipal party convention or committee} each individual nominated.

(ii) AThe {certificate } municipal party convention or committee maydescribed notin nominateSubsection an(3)(b)(i) individualshall whobe hasheld acceptedon theor nominationbefore May 30 of a{nomination differentshall:} conventionan orodd-numbered committee.year.

(iii){(iii)} A(A) municipal{Any partyprimary mayelection notexemption haveordinance moreadopted thanunder onethis groupSubsection of(3) candidatesremains placed} uponcontain the ballotname andof maythe notoffice groupfor which each individual is nominated, the samename, candidatespost onoffice differentaddress, ticketsand, if in {effect until repealed by ordinance.} a city, the samestreet partynumber underof aresidence differentand nameplace orof emblem.business, if any, of each individual nominated;

-{(c)} 10(B) -{(i)} 02-27A 11:32convention H.B.or committee may } designate in not {nominate } more than {one candidate for each of } five words the {municipal offices to be voted upon at } party that the {municipal election.} convention or committee represents;

548{(ii)} (d)(i)(C) On{A or} beforecontain Maya 31copy of anthe odd-numberedresolution year,passed aat the convention or{or } that authorized the committee shall{may preparenot andnominate submitan toindividual thewho filinghas officeraccepted a} certificateto ofmake the nomination for{of eacha individualdifferent nominated.convention or committee.} ;

(ii){(iii)} The(D) certificate{A municipal party may not have more than one group } contain a statement certifying that the name of nomination{candidates shall:placed upon the ballot and may } the candidate nominated by the political party will not {group the same candidates } appear on {different tickets by } the {same } ballot as a candidate for any other political party {under a different name or emblem.} ;

(A){(d)} contain(E) the- name12 of- theHB0548 officecompared forwith whichHB0548S01 each{(i)} individualOn isor nominated,before May 31 } be signed by the name,presiding postofficer officeand address,secretary and,of if{an inodd-numbered year, a city,} the streetconvention numberor ofcommittee residence{shall prepare and placesubmit ofto business,the iffiling any,officer a certificate of nomination for each individual nominated;nominated.} ;

(B)and designate{(ii)} in(F) not{The morecertificate thanof fivenomination wordsshall:} contain a statement identifying the partyresidence and post office address of the presiding officer and secretary and certifying that the presiding officer and secretary were officers of the convention or committee represents;and that the certificates are true to the best of their knowledge and belief.

(C){(A)} contain(iii) a{contain copythe name of the resolutionoffice passedfor atwhich theeach individual is } A candidate nominated{, } by a municipal party convention thator authorizedcommittee shall file a declaration with the committee{name, topost makeoffice address, and, if in a city, the nomination;street number of residence and place of business, if any, of each individual nominated;} filing officer in accordance with Subsection 20A-9-203(3) that includes:

(D){(B)} contain(A) a{designate statementin certifyingnot thatmore than five words } the name of the candidate{party nominated} bymunicipal party or convention that nominated the political{convention partyor willcommittee notrepresents} appearcandidate;and on{(C)} (B) {contain a copy of } the ballot{resolution aspassed aat candidate} office for anywhich otherthe politicalconvention party;{that authorized the committee to make the nomination;} or committee nominated the candidate.

(E){(D)} be(e) signed{contain by} theA presidingcommittee officerappointed andat secretarya {statement certifying that the name of the conventioncandidate nominated by } convention, if authorized by an enabling resolution, may also make nominations or committee;fill vacancies in nominations made at a convention if the committee makes the {political party will not appear on } nomination before the {ballot as } deadline for a {candidate for any other political party;} write-in candidate to file a declaration of candidacy under Section 20A-9-601.

and{(E)} (F)(f) contain{be asigned statementby identifying} theThe residenceelection andballot postshall officesubstantially addresscomply ofwith the presidingform officerprescribed andin secretaryChapter and6, certifyingPart that4, theBallot presidingForm officerRequirements andfor secretaryMunicipal wereElections, officersbut of the convention{presiding orofficer committee and thatsecretary theof certificates are true to the bestconvention ofor theircommittee; knowledge and belief.

(iii)and} A candidate nominated by a municipal party conventionname or committee shall filebe aincluded declaration with the filingcandidate's officername. in accordance with Subsection 20A-9-203(3) that includes:

(A){(F)} (4) (a) {contain a statement identifying the nameresidence and post office address of the presiding officer and secretary and certifying that the presiding officer and secretary were officers of the convention or committee and that the certificates are true to the best of their knowledge and belief.} Any third, fourth, or fifth class city or a town may adopt an ordinance before {(iii)} [{A candidate nominated by a municipal party convention or committee shall file a declaration with the filing officer in accordance with Subsection 20A-9-203(3) that includes:} the - 13 - HB0548 compared with HB0548S01 {(A)} ]{the name of } May 1 that falls before the {municipal party or convention } regular municipal election that nominated{nominated the candidate;

andand} (B): the office for which the convention or committee nominated the candidate.

(e){(B)} A(i) committeeexempts appointedthe at{office afor convention,which ifthe authorizedconvention by} ancity enabling resolution, may also make nominations or fill{committee vacanciesnominated in} nominationstown madefrom at a convention if the committee{candidate.} makesother themethods nominationof beforenominating thecandidates deadline for a write-in candidate to filemunicipal aoffice declarationprovided ofin candidacythis undersection; Section 20A-9-601.

(f)and The{(e)} election(ii) ballot{A shallcommittee substantiallyappointed complyat witha the} formprovides prescribedfor a municipal partisan convention{, if authorized by an enabling resolution, may also make nominations or fill vacancies } method of nominating candidates as provided in Chapter{nominations 6,made Partat 4,a Ballotconvention Formif Requirementsthe forcommittee Municipalmakes Elections,the butnomination before the partydeadline namefor shalla bewrite-in includedcandidate withto thefile candidate'sa name.declaration of candidacy under Section 20A-9-601} this Subsection (4).

(4)(a){(f)} (b) (i) {The election ballot shall substantially comply with the form prescribed in Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the } Any third,party fourth,that orwas fiftha classregistered citypolitical party at the last regular general election or regular municipal election is a townmunicipal maypolitical adoptparty an{name ordinanceshall before[be the]included -with 11the -candidate's H.B.name} under this section.

548{(4)} 02-27(ii) 11:32{(a)} Any {political party } third, fourth, or fifth class city or a town may {qualify as a municipal political party by presenting a petition to the city recorder that:} adopt an ordinance before (A) {[{ the} is signed, with a holographic signature, by registered voters within the municipality equal to at least 20% of the number of votes cast for all candidates for mayor in the last municipal election at which a mayor was elected;]} (B) { May 1 that falls before} is filed with the regularcity municipalrecorder electionor that:town clerk no later than 5 p.m.

(i)on exemptsthe last business day before the city{regular or} townday fromon which the othermunicipal methods{election ofthat:} nominatingparty candidatesholds a convention to municipalnominate officea providedcandidate inunder this section;Subsection (4);

and{(i)} (ii)(C) provides{exempts forthe acity municipalor partisantown conventionfrom method} is substantially similar to the form of the {other methods of nominating candidates asto municipal office provided in this Subsectionsection} (4).signature sheets described in Section 20A-7-303;

(b)(i)and Any{(ii)} party(D) that{provides wasfor a registeredmunicipal politicalpartisan partyconvention atmethod } contains the lastname regularof general{nominating electioncandidates oras regularprovided municipalin electionthis isSubsection a(4)} the municipal political party underusing thisnot section.more than five words.

(ii){(b)} (iii) - 14 - HB0548 compared with HB0548S01 {(i)} Any party that was a registered political party mayat qualify} asWith athe {last regular general election or regular municipal politicalelection party} byassistance presentingof athe petitioncounty toclerk, the city recorder that:or town clerk shall use the procedures described in Section 20A-1-1002 to determine whether each signer is a {municipal political party under this section} registered voter who is qualified to sign the petition.

(A){(ii)} is(c) signed,(i) with{Any political party may qualify as a holographicmunicipal signature,political party by registeredpresenting voters} withinIf the municipalitynumber equalof candidates for a {petition to at} leastparticular 20%office ofdoes not exceed twice the number of votesoffices castto forbe allfilled candidatesat forthe mayor{city inrecorder the} lastregular municipal election, no primary election atfor whichthat{:} aoffice mayorshall wasbe elected;held and the candidates are considered to be nominated.

(B){(A)} is(ii) filed{is signed, with } If the citynumber recorderof orcandidates townfor clerka no{holographic latersignature, thanby 5registered p.m.voters within } particular office exceeds twice the {municipality equal } number of offices to be filled at {least 20% of the number of votes cast for all } the regular municipal election, those candidates for {mayor in the last municipal election } municipal office shall be nominated at {which } a {mayor was elected;} municipal primary election.

on{(B)} the(d) last{is businessfiled daywith before the daycity onrecorder whichor thetown municipalclerk partyno holdslater athan convention5 top.m. nominate a candidate under this Subsection (4);

(C)on is} substantiallyThe clerk shall ensure that the {last business day before the day on which the municipal party holds a convention } partisan municipal primary ballot is similar to the{nominate forma ofcandidate under this Subsection (4);} the signatureballot sheetsforms describedrequired inby Section 20A-7-303;20A-6-401 and, as applicable, Section 20A-6-401.1.

and{(C)} (D)(e) contains{is thesubstantially namesimilar ofto the} After marking a municipal politicalprimary partyballot, usingthe not{form moreof thanthe fivesignature words.sheets described in Section 20A-7-303;

(iii)and} Withvoter the assistance of the county clerk, the city recorder or town clerk shall usedeposit the proceduresballot described in Sectionthe 20A-1-1002blank toballot determinebox. whether each signer is a registered voter who is qualified to sign the petition.

(c)(i){(D)} If(f) the{contains number} ofImmediately candidatesafter for a particular office does not exceed twice the number{name of offices} tocanvass, bethe filled{municipal atpolitical theparty regularusing municipalnot election,more nothan primaryfive words} election forjudges thatshall, officewithout shallexamination, bedestroy held and the candidatestickets aredeposited consideredin tothe beblank nominated.ballot box.

(ii){(iii)} If(5) the(a) number{With of} candidatesA forvoter awho particularsigns officea exceedspetition twiceunder theSubsection number(4)(b)(ii) ofmay officeshave to be filled at the regularvoter's municipalsignature election,removed thosefrom candidatesthe forpetition municipalby, officeno shalllater bethan nominated5 atp.m. a municipal primary election.

(d)three Thebusiness clerkdays shallafter ensurethe thatday on which the partisan{assistance municipalof primary} ballotpetition is similarfiled with the {county } city recorder or town clerk, submitting to the ballotcity formsrecorder requiredor bytown Sectionclerk 20A-6-401{shall and,use asthe applicable,procedures described in Section 20A-6-401.1.20A-1-1002 to determine whether each signer is a registered voter who is qualified to sign } a statement requesting that the {petition} voter's signature be removed.

(e)- After15 marking- HB0548 compared with HB0548S01 {(c)} (b) {(i)} If the number of candidates for a municipalparticular primaryoffice ballot,does not exceed twice the voternumber shallof depositoffices to be filled at the ballotregular municipal election, no primary election for that office } A statement described in Subsection (5)(a) shall {be held and } comply with the -{candidates 12are -considered 02-27to 11:32be H.B.nominated} requirements described in Subsection 20A-1-1003(2).

548{(ii)} blank(c) ballot{If box.} With the {number of candidates for a particular office exceeds twice the number of offices to be filled at } assistance of the county clerk and using the {regular municipal election} procedures described in Subsection 20A-1-1003(3), {those candidates for municipal office } the city recorder or town clerk shall {be nominated at a municipal primary election} determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.

(f){(d)} Immediately{The clerk shall ensure that the partisan municipal primary ballot is similar to the ballot forms required by Section 20A-6-401 and, as applicable, Section 20A-6-401.1.} {(e)} {After marking a municipal primary ballot, the voter shall deposit the ballot in the blank ballot box.} {(f)} {Immediately after the canvass, the election judges shall, without examination, destroy the tickets deposited in the blank ballot box.box.} {(5)} {(a)} {A voter who signs a petition under Subsection (4)(b)(ii) may have the voter's signature removed from the petition by, no later than 5 p.m.

(5)(a)three Abusiness voterdays whoafter signsthe aday on which the petition underis Subsectionfiled (4)(b)(ii)with maythe havecity recorder or town clerk, submitting to the city recorder or town clerk a statement requesting that the voter's signature removedbe fromremoved.} {(b)} {A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).} {(c)} With the assistance of the county clerk and using the procedures described in Subsection 20A-1-1003(3), the city recorder or town clerk shall determine whether to remove an individual's signature from a petition by,after noreceiving latera thantimely, 5valid p.m.statement requesting removal of the signature.} Section 4.

threeEffective businessdate. days after the day on which the petition is filed with the city recorder or town clerk, submitting to the city recorder or town clerk a statement requesting that the voter's signature be removed.

(b) A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).

(c) With the assistance of the county clerk and using the procedures described in Subsection 20A-1-1003(3), the city recorder or town clerk shall determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.

Section 4.

- 1316 - HB0548 compared with HB0548S01 3-2-26 11:19 AM - 17 -